| Home | Overview | Disability | Discrimination | Employment | Services | Education | PSED | Benefits | Business | Advice | Links | More... |
|
These pages do not apply outside Great Britain.
|
| Home | Overview | Disability | Discrimination | Employment | Services | Education | PSED | Benefits | Business | Advice | Links | More... |
|
These pages do not apply outside Great Britain.
|
If you have 'limited capability for work' you can generally claim Employment and Support Allowance (ESA) rather than Jobseekers Allowance. However, new rules from 28th March 2011 seem to mean that (lack of) speech alone cannot entitle a person to ESA, nor earn one points towards it.
Those with sufficiently severe disabilities claim Employment and Support Allowance (ESA) rather than Jobseekers Allowance. Most ESA claimants will, however, have work-focussed interviews.
Major changes to the medical test for ESA (called the 'limited capability for work' test) came into force on 28th March 2011. The changes seem to mean that you cannot claim ESA on the basis of speech difficulties if you can still communicate by writing. Speech alone cannot even gain you points towards qualifying, if you can still write. Someone with very severe social phobia might still qualify for ESA.
The new medical test now applies to all new claims - unless an old questionnaire ESA50 based on the previous rules was sent out. The new test also applies to existing ESA claimants, as well as those being re-assessed for possible migration onto ESA from older benefits.
My comment: It is unclear why it is much easier to claim ESA on the basis of difficulty in understanding than it is on the basis of difficulty communication outwards, ie speaking or or writing. Difficulty in either hearing speech or reading print may be taken into account in claiming ESA. See www.disabilityalliance.org/esavisual.htm.
If you are unemployed and have 'limited capability for work' (as outlined below), you will generally claim Employment and Support Allowance (ESA) instead of Jobseekers Allowance (JSA). ESA is
ESA has been in effect for new claims from 27th October 2008, replacing both incapacity benefit and income support on the basis of incapacity. People on those benefits, or on severe disablement allowance, remain on them for the time being until re-assessed as to whether they are eligible to move onto ESA or should switch to Jobseekers Allowance.
Those with sufficient National Insurance contributions get 'contributory' ESA which is not means-tested. Before April 2012, contributory ESA can also apply to claimants under 20, or sometimes 25. Contributory ESA is now being limited to one year (except for those in the 'support group' - see below).
Otherwise one gets 'income-related' ESA which is means-tested and tops up your income to a basic minimum, called your 'applicable amount'. So ESA is means-tested if one does not have sufficient contributions to claim contributory ESA, and in any event after (time-limited) contributory ESA runs out.
In general you are not entitled to ESA in any week in which you work, but there are exceptions. Most people on ESA go into the 'work-related activity group' and are required to have work-focussed interviews. This does not apply to those with the most severe disabilities, who go into the 'support group' and receive higher payments.
The medical test in order to be entitled to ESA is called the 'limited capability for work' test. To pass this, you normally need to get 15 points based on limitations on your ability to carry out various activities. There is a list of activities and points (in the regulations linked below). For each activity you take the highest score (if any) that applies, add together the scores from different activities if you score under more than one, and see if they come to at least 15.
Under the rules before March 2011, you could get these 15 points on the basis of the 'Speech' activity alone if you "cannot speak at all" or if your "speech cannot be understood by strangers". This was a very tough test, which very few who stammer would meet. If your speech difficulty was not severe enough to meet that test, it might entitle you to a lesser number of points, and you might possibly be able to make these up to 15 through limitations in other activities listed.
However, since March 2011 there is no 'Speech' activity in the medical test. Activity 6 (in Schedule 2 of the regulations) is now "Making self understood through speaking, writing, typing, or other means normally used, unaided by another person." It seems the fact that one's speech cannot be understood no longer scores points if, instead, one is able to make oneself understood by writing, typing or 'other means normally used', unaided by another person.
To get 15 points, and so qualify for ESA on that basis alone, the requirements are that (using writing if necessary) one "Cannot convey a simple message, such as the presence of a hazard" or "Has significant difficulty conveying a simple message to strangers." "Has some difficulty conveying a simple message to strangers." is 6 points.
A Revised WCA Handbook (link to disabilityalliance.org) gives guidance for doctors on the new rules. 'Making self understood' is dealt with at paragraph 3.3.8. This says that the concept of communicating a message such as a hazard is hypothetical and the immediate availability of a PC/Pen and paper to write a message would not be considered: "Those with significant communication problems are likely to carry items such as a pen/paper to ensure they can communicate."
Activity 16 in the new Schedule 2 is one that may still be relevant in connection with a stammering 'syndrome': "Coping with social engagement due to cognitive impairment or mental disorder" (considered in para 3.6.7 of the Revised WCA Handbook). However to gain the required 15 points on the basis of Activity 16 alone, it needs to be the case that "Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.", even with people familiar to the claimant. So the test is a very tough one. Lesser amounts of points may be available for a lesser degree of social phobia.
Limitations in other types of activity falling within the regulations may be relevant in individual cases.
Even if one does not pass the limited capability for work test, one may still be treated as having passed it if the health care professional has obtained evidence that one suffers from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if one were found not to have limited capability for work. This risk should be linked to work one could realistically do according to one's education or skills.
More on the Employment and support allowance:
For further information, including finding someone to help, see Further Information.
Homepage | Equality Act in outline | Meaning of "disability" | Employment | Goods and services | Education | Human Rights Act | Proposed changes | Social security | Advice | Links | What's new | Site index | Privacy (cookies) | Disclaimer
© Allan Tyrer 2000-2011
Last updated 12th August, 2011 (part update 2nd March 2012)
Paying for fluency devices
Jobseekers allowance
Empl and support allwnce
Disability premium
Housing benefit & CTB
Disability living allwnce
Working tax credit
Old benefits
Further information
Welfare Reform Bill
Alternatives to phone claims
